TERMS OF SERVICE

You and HOSTINGEST.COM have signed this Universal Terms of Service Agreement (the “Agreement”), which takes effect on the day you use this website (the “Site”) or the day you accept it electronically. The general terms and conditions of your use of the Site and the products and services purchased or accessed through this Site (individually and collectively, the “Services”) are outlined in this Agreement, which is in addition to but not exclusive of any specific terms and conditions applicable to the Services.

You are indicating that you have read, comprehended, acknowledged, and consented to be bound by this Agreement, as well as the following policies and applicable product agreements, which are incorporated herein by reference, by using this site and electronically accepting this Agreement, regardless of whether you are merely browsing the site or making a purchase of services:

Hostingest is referred to as “we,” “us,” and “our” in this document. Any person or entity who accepts this Agreement, uses the Services, or has access to your account is referred to as “you,” “your,” “User,” or “customer.” No rights or benefits on the part of third parties are intended by this Agreement.

This Agreement and any policies or agreements incorporated herein are subject to change at any time at Hostingest’s sole and absolute discretion, and any such changes or modifications will take effect immediately upon posting to this website. When you use this site or the services after these changes or modifications have been made, you agree to the current version of this agreement. Do not use or continue to use this website or the services if you do not agree to be bound by the terms of the most recent version of this agreement. Additionally, Hostingest may occasionally send you an email notification of any changes to this Agreement. Therefore, it is critical that you update the information in your shopper account (the “Account”). If your email address is incorrect and you do not receive an email notification, Hostingest will not be held liable or responsible.

ELIGIBILITY:

Users who are able to enter into legally enforceable contracts are the only ones permitted to utilize this website and its services. You represent and warrant that you are (i) at least eighteen (18) years old, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and (iii) not barred from purchasing or receiving the Services under the law of another applicable jurisdiction before using this Site or the Services.

The terms “you,” “your,” “User,” or “customer” shall refer to such corporate entity in the event that you are entering into this Agreement on behalf of such corporate entity and you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions outlined in this Agreement. You will be personally liable for all obligations under this Agreement, including but not limited to the obligation to pay, if Hostingest determines, following your electronic acceptance of this Agreement, that you lack the legal authority to bind such corporate entity. If Hostingest relies on any instruction, notice, document, or communication it reasonably believes to be genuine and originating from an authorized representative of your corporate entity, Hostingest shall not be liable for any loss or damage resulting therefrom. Hostingest reserves the right, but is under no obligation, to require additional authentication from you in the event that there is a reasonable doubt regarding the authenticity of any such instruction, notice, document, or communication. In addition, you agree to abide by the terms of this Agreement for any and all transactions involving your agent, your account, or the services, whether or not you have authorized it.

GENERAL RULES OF CONDUCT:

This Agreement and all applicable local, state, national, and international laws, rules, and regulations will govern your use of this Site and the Services, including any submitted content.
Without the express written consent of the other user, you will not collect or harvest any User Content (as defined below) or permit anyone else to collect or harvest any non-public or personally identifiable information about them.
In Hostingest’s sole and absolute discretion, you will not use this website or the services in any manner that:
Is illegal, encourages illegal activity, or both;
encourages or participates in child pornography or child exploitation;
encourages, supports, or participates in acts of terrorism, violence against property, animals, or people;
encourages, encourages, or participates in unsolicited bulk email, spam, or computer or network hacking;
violates another user’s or any other person’s or entity’s intellectual property rights;
infringes on the privacy or publicity rights of another user or another individual or entity, or violates your confidentiality obligation to another user or another individual or entity;
interferes with the site’s operation or the services it offers;
software or hardware that contains or installs viruses, worms, bugs, Trojan horses, or other code, files, or programs that are designed to disrupt, damage, or limit the functionality of any software or hardware; or Makes claims about Hostingest or its services that are not supported by evidence, are misleading, or both.
Except as expressly authorized by Hostingest, you will not copy or distribute any portion of this Site or the Services in any medium.
You will not change any part of this website, the services it offers, or any of the technologies that are related to it.
You will only be able to access Hostingest Content (as defined below) and User Content via this website or any other means designated by Hostingest.
You agree to back up all of your User Content so that you can use it whenever you need to. You agree to accept the risk of losing all of your User Content because Hostingest does not guarantee that it backs up any Account or User Content.
Without Hostingest’s express prior written consent, you will not resell or provide the Services, including any related technologies, for commercial purposes.
When asked for proof of identity, you agree to present government-issued photo identification and/or government-issued business identification.
You are aware that Hostingest may occasionally call you regarding your account and that you have no reasonable expectation of privacy during those calls for the purposes of the calls; In fact, regardless of whether Hostingest asks you for your permission to record a particular call, you are giving Hostingest permission to record the entirety of those calls at its sole discretion. You also acknowledge and agree that any such recording(s) may be used as evidence in any legal proceeding to which Hostingest is a party, to the extent permitted by applicable law.
Any aspect of this website or the services it provides—including, but not limited to, pricing and fees—is subject to change at any time by Hostingest.

LIMITATION OF LIABILITY:

IN NO EVENT SHALL HOSTINGEST, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT HOSTINGEST IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that any cause of action arising out of or related to this Site or the Services found at this site must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.

IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that in no event shall Hostingest’s total aggregate liability exceed $10,000.00 U.S. Dollars.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this site.

DMCA COMPLAINTS:

Hostingest will conduct an investigation into any and all DMCA complaints. Hostingest reserves the right to seek civil remedies for any costs incurred in pursuing an investigation into a documented policy violation. It is against the law to use our services in a way that violates any trademark or copyright. Unauthorized copies of music, books, photographs, or any other work protected by a copyright are all examples of this. Your account will be immediately terminated if you offer or sell counterfeit merchandise of a trademark holder. Any account found to be in violation of another person’s copyright will be deactivated or removed quickly. Any account that is found to have repeatedly broken copyright laws will have its account suspended or deleted. Please send an email with some brief details to [email protected] if you think someone is violating your copyright or trademark. We might need more documentation. Save yourself and us the trouble by submitting DMCA complaints to us.

EXAMPLE OF UNACCEPTABLE METERIAL ON ALL SERVERS INCLUDE:

  • Sites for file upload, sharing, backup, mirroring, distribution, and archive.
  • Whether for free or for money, sharing your account resources.
  • File and image dumps.
  • Storing material protected by copyright that you are not the owner of.
  • Storing media or content that has nothing to do with an active website.
  • Video sharing storage.
  • Sharing MP3 files.
  • IP spoofing.
  • IRC egg drops.
  • Script use 100% CPU.
  • Resource intensive scripts (CPU, I/O, Network).
  • Fraudulent site.
  • BOT script use high resource.
  • Spammer & Spam Script.
  • You are aware that bandwidth, connection speeds, and other comparable capacity indices are caps. If you consistently exceed these capacity limits, we may need to restrict your use of the Services. If your use of the Services or customer support exceeds that of customers in your situation, you agree that we may restrict your access to those services.

EMAIL AND SPAMMING:

In e-mail, unsolicited commercial advertisements (also known as “SPAM”) are prohibited and most likely will result in service termination. Hostingest has zero tolerance for SPAM that comes from its servers or advertises domains that are hosted within our network. Your account may be suspended if found; if nothing is done within 24 hours, your account will be terminated and there will be no refund.

Note that the provisions of the preceding policy will apply as if the spam were sent through our servers if YOU use the services of another provider to promote a website hosted by or through Hostingest (referred to as “spamvertising”).

DISPUTES AND CHARGEBACKS:

The customer acknowledges that any attempt to dispute or initiate a chargeback with PayPal or their credit card issuer will result in the suspension of all services and a $300 USD charge. A chargeback granted under false pretenses is regarded as fraudulent and will be dealt with accordingly.

REFUND POLICY:

We are confident that you will be pleased with our services and that your satisfaction is our top priority. However, if you try us and find that your account does not adequately meet your requirements, you can cancel within 30 days and receive a refund in the following manner:

Your hosting service’s network fee will be refunded in full if you cancel within 30 days.
Due to the unique nature of their costs, most add-on products, such as IP Address, do not qualify for our money-back guarantee. However, our guarantee does apply to domain names, cloud servers and dedicated servers.
Except for those covered by the Money-Back Guarantee, Hostingest does not accept any other forms of payment. This includes any initial costs and ongoing costs, regardless of how much you use.

Our 30-day money-back guarantee on web hosting plans, and other services is non-refundable, but we are confident that you will be pleased with the Hostingest’s performance and support. We are proud of our business, so we will probably ask you why you are leaving. However, you will receive a refund of the remaining term’s hosting fees within 72 hours of making your request.

Fees for registering a domain cannot be refunded.
Customers of the express service cannot receive a refund.
Addons and the License service are not eligible for a refund.
There will be no refund for any delays beyond our control.
If there is no issue with your service, there will be no refund.
If there is no issue with our server, there will be no refund.
If the service has been provided for more than thirty days, no refund will be issued. Please keep in mind that we reserve the right to deny your request for a refund for any reason.

COPYRIGHT NOTICE:

The entirety of this website’s content and all text describing the Company’s services are protected by copyright and other relevant intellectual property rights. In the United States and other nations, this company has registered the logo as a trademark. You are not permitted to use, copy, reproduce, republish, post, broadcast, or transmit any part of the website or its content for any other purpose without our explicit prior written consent, except to the extent permitted by law. Reproducing or storing any portion of the website or its content in another website, a public or private electronic retrieval system, or service are all examples of this.

CONTACT INFORMATION:

Please use the following contact information to get in touch with us if you have any questions about this Agreement:

Email: [email protected]

The most recent update to these Terms of Service was in February 2023.